Review of University Decision

Review Options

If you are unhappy with the University's decision
about your formal application under the Government Information (Public Access)
Act, you have two options for review:

1.
Internal Review

You may ask the University to review the decision -
unless the determination was made by the Vice-Chancellor. This
is called an internal review. Requests for an internal review must be in
writing and you must make the request within 20 days of being told of the University's
decision.

You can also ask for an internal review if the
University has not responded in writing to your first application within 21
days - plus five days for postage. You then have 20 days to ask for an
internal review.

Internal reviews are conducted by an officer more
senior than the person who made the original decision. The review decision
must be made as if it is a fresh application. The University must complete
an internal review within 15 days of receiving it, which may be extended by up
to 10 working days if further consultation is required. A fee of $40 for an internal
review has been set by the Act, except in the case of a deemed refusal (meaning
the application was not decided in time) where no fee is payable.

2. External Review

The Government Information (Public Access) Act
provides for two avenues for external review of decisions.

Review by
the Information Commissioner

If you made an application for access and are
unhappy with the decision by the University you have the right to seek review
by the NSW Information Commissioner. If you were consulted regarding the
release of information sought by another person, and the University decided to
release it contrary to your views, you must seek internal review of the
decision before going to the Information Commissioner.

Applications for review by the Information Commissioner
must be made within 8 weeks of receiving the University's decision.

The Commissioner can make recommendations
considered appropriate, including that the University reconsider the
matter.

If you made an application for access and are
unhappy with the decision by the University you have the right to seek review
by the NSW Information Commissioner. If you were consulted regarding the
release of information sought by another person, and the University decided to
release it contrary to your views, you must seek internal review of the
decision before going to the Information Commissioner.

If you are unhappy with a decision made by the
University under the Act you have the right to seek review by NCAT. If you
are an applicant under the Act, you may seek a review from NCAT without first
seeking an internal review, or a review by the Information Commissioner.

Matters must be taken to NCAT within 8 weeks of the
decision by the University, or 4 weeks after an Information Commissioner
review. For further information,
please see the NSW Civil and
Administrative Tribunal (NCAT)website.